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MODIFICATION OF AGREEMENTS AND COURT ORDERS

Many issues in family law matter that are determined by the Judge or agreement of the parties are always subject to modification, under certain circumstances. If you were ordered to pay child support or spousal support/alimony as part of your divorce, it is important to make sure that the amount you are paying or receiving currently reflects financial circumstances of the current situation. If you or your former spouse or the other parent of your child has undergone a substantial or permanent change in your financial circumstances, such as the loss of your job, you could benefit from discussing your situation with a knowledgeable family law attorney. In many circumstances, there are affirmative legal steps that must be taken as soon as possible to protect your legal rights and financial future.

At the Law Offices of Christian D. Smed, P.A., in Winter Park, Florida we represent men and women throughout the Orlando area. Our objective is to place our clients in an advantageous position by informing and when possible teaching our clients the law so they can fully participate in the litigation process to shape their own destiny. We seek to bring clarity to complex and stressful family law situations. You can count on attorney Christian D. Smed to provide you with tough advocacy and compassionate counsel.

Enforcement of Court Orders and Agreement

Under Florida law, at the end of the case the court enters a final judgment. As many learn, however, the final judgment is far from final. Decrees are subject to modification, and court orders that are ignored can be enforced.

People are often surprised to discover that this is the only way to compel a former spouse or parent to obey the terms of a divorce decree, parenting, child support or alimony agreement: by taking him or her to court.

Often, divorced couples attempt to restructure agreements on their own, informally. These freelance agreements have a lot of appeal — no one wants to go to court. But they have no legal basis whatsoever. If one side reneges on the agreement, the other side can't complain to the court. You may only file a complaint when the real agreement — the one signed by the court — is violated.

When enforcement is ignored, the party can be held in contempt of court and jailed, or be subjected to garnishment. It is a cumbersome process, but you can obtain justice, with a skillful attorney.

It is important to remember that there are two sides to every enforcement case, and very often the defendant is not ignoring the divorce decree, or has a good reason for failing to comply. Our lawyers represent both sides in enforcement matters, bringing heavy legal artillery to your problem.